Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 3) [2021] FCA 729 (30 June 2021)
Trade Marks – Corner – condition or limitation imposed on registration
The Commercial Bar Association of Victoria Inc. A0120851O
Trade Marks – Corner – condition or limitation imposed on registration
Patents – extension of term – which ARTG registration may be relied on
Patents – method of diagnosis – manner of manufacture – sufficiency – fair basis – infringement
Use of the phrases “Love where you live?” and “You love where you live” held not to constitute use of those phrases as a trade mark for the purposes of s 120.
Copyright in plan of subdivision – interlocutory injunction application – balance of convenience weighted against grant of injunction
Patents – transfer of proceedings to Federal Court – overlap in subject matter – risk of inconsistent findings
Patents – amendment to overcome manner of manufacture objection – whether possible to overcome s 102 – whether the principle of finality should prevent iterative amendment applications
Trade marks – validity (s.41) – infringement – defences – s 122(1)(b)(i); s 122(1)(e); s 122(1)(fa)
Consumer Law – replica of “Fearless Girl” statute – discussion of “not insignificant number” criterion – copyright – whether copyright licence granted – inducing breach of contract by artist – limitations on artist’s rights – tort of passing off – trade mark infringement – whether ‘FEARLESS GIRL’ used as a mark.
Trade Marks – Infringement – Interlocutory Injunction – Serious issue to be tried – balance of convenience – application granted.
Trade marks – appeal from judgment dismissing trade mark infringement claim – inherently adapted to distinguish – deceptive similarity
Consumer law – orders for relief – declarations – injunction granted – damages.
Costs – apportionment of costs
Copyright – artistic works – work of “artistic craftsmanship” – innocent infringement – additional damages – Passing off and ACL misleading or deceptive conduct claims – accessorial liability
Practice and procedure – costs – costs of interlocutory applications to amend patent application